A proposal to toughen penalties for caregivers who intentionally neglect elderly or vulnerable adults passed two legislative committees Thursday after prosecutors reached a compromise with care worker unions and facilities that feared unfair prosecutions.

The bill would allow employees to claim neglect occurred because of inadequate staffing, supervision or policies, or while they were helping another client.

It also provides a defense for facilities and supervisors where criminal neglect occurs but supervisors did not know about it or permit it. Minnesota is one of five states that has no felony provision for elder neglect. The proposal would create such a provision for cases of intentional neglect or deprivation.

"We are accepting and we are comfortable with these changes," said Hennepin County Attorney Mike Freeman, a proponent for tougher penalties. "We got the unions on board, the care providers on board and several of the legislators that had concerns."

The compromise version passed judiciary committees in both Senate and House on Thursday.

"I think we found what was a middle-ground that supports a felony level crime for deprivation or neglect and provides safeguards to avoid unintended consequences," said Kevin Goodno, a lobbyist who has testified representing various care providers.

BRAD SCHRADE#